CITY OF RICHMOND
STANDARD CONTRACT
Department: City Project Manager:
City Project Manager E-mail: City Project Manager Phone No:
Vendor No: Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond, a municipal corporation (“the City”), and the following named Contractor:
Contractor Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No:
☐ A California corporation, ☐ limited liability corporation ☐ general partnership, ☐ limited partnership, ☐ individual, ☐ non-profit corporation, ☐ individual dba as [specify:] ____________________ ☐ other [specify:] _______________________________
2. Term. The effective date of this Contract is _______________________ and terminates _________________ unless terminated earlier as set forth herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $______________ (“Contract Payment Limit”) unless a Contract Amendment has been approved by the City Council or City Manager. If this amount includes a contingency, Contractor acknowledges that any use of such contingency shall be for work beyond the original scope of services and requires prior written authorization by the City. If noted below, Compensation for work done under this Contract, shall not exceed as follows:
FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________
4. Contractor’s Obligations. Contractor agrees to perform all work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, in accordance with the Service Plan set forth in Exhibit A, attached hereto and incorporated herein.
5. City Obligations. City shall make payments to the Contractor in accordance with the Payment Provisions set forth in Exhibit B, attached hereto and incorporated herein.
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C), attached hereto and incorporated herein.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D), which are attached hereto and incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any), which are attached hereto and incorporated herein.
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F), which are attached hereto and incorporated herein.
10. Sanctuary City Compliance Statement. This Contract is subject to the Sanctuary City Compliance Statement (Exhibit G), which is attached hereto and incorporated herein.
11. Signatures. These signatures attest the parties' agreement hereto:
CITY OF RICHMOND,
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board, President, or Vice President should sign below)
By: _________________________ By: ___________________________ Title: ________________________ Title: __________________________ Date Signed: _________________ Date Signed: ___________________ I hereby certify that this Contract (* The Corporation Chief Financial Officer or Assistant has been approved by City Council Treasurer, or Secretary or Assistant Secretary should or the City Manager. sign below)
By: _________________________ By: ___________________________ City Clerk Title: __________________________
Date Signed: ____________________
Approved as to form:
(NOTE: Pursuant to California Corporations Code Section By: _________________________ 313, if Contractor is a corporation or nonprofit organization, City Attorney this Contract (1) must be signed by (a) the Chairperson of the Board, President, or Vice-President and (b) the
Chief Financial Officer or Assistant Treasurer, or
Secretary or Assistant Secretary)
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Sanctuary City Compliance Statement Exhibit G
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the Project Manager (set forth in Exhibit B), perform the following services and be compensated as outlined below [or attach service plan if necessary]:
CALIFORNIA
TEXAS
COLORADO
OHIO
PROPOSAL
City of Richmond
360 Performance Evaluation for City Manager
Revised Date: August 4, 2026
Submitted by:
Melissa Asher
Chief of Client Services
CPS HR Consulting, 2450 Del Paso Road, Suite 220, Sacramento, CA 95834 P: (916) 471-3358, [email protected]
Tax ID: 68-0067209
www.cpshr.us
2450 Del Paso Road, Suite 220 Sacramento, CA 95834 www.cpshr.us Tax ID: 68-0067209 Table of Contents
Letter of Interest......................................................................................1 Business Background .............................................................................2 Overview of CPS HR Consulting ............................................................. 2 Capacity and Stability............................................................................. 3 Proposer Team........................................................................................4 Relevant Experience..............................................................................6 Workplan, Approach, and Methodology ..........................................8 References............................................................................................10 Deliverables...........................................................................................12 Price Proposal .......................................................................................13 Sample Work Product (Confidential)................................................15 Proposal to City of Richmond
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Letter of Interest
August 4, 2026
Sharrone Taylor, Director of Human Resources
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
CPS HR Consulting (CPS HR) is pleased to submit this revised proposal to the City of Richmond (City) to assist with the City Manager’s annual performance evaluation process. CPS HR understands that the City has an established contractual evaluation process that includes Council completion of the ICMA City Manager Performance Evaluation Form, assessment of prior goals and objectives, establishment of goals and objectives for the upcoming evaluation period, facilitated closedsession discussions, preparation of a preliminary written evaluation, City Manager review and comment, and delivery of a final written evaluation. CPS HR’s role will be to serve as the outside facilitator, support the City in following the established process, and integrate the required 360 review component in a manner that aligns with the contract, preserves confidentiality, and produces practical feedback for the City Council and City Manager.
CPS HR has been assisting organizations with the full spectrum of talent management needs for 40 years. Our core competency is our knowledge of and expertise in the public sector. We are uniquely qualified to undertake this important effort because of our extensive resources and experience in performance management, organizational assessment, analysis, action planning, implementation and education in local government. As a public agency, we understand the challenges and issues facing our client base. As a self-supporting public entity, we also understand the need for innovative yet practical solutions. CPS HR provides unique expertise because we share a common perspective with clients.
ORGANIZATION IDENTIFICATION INFORMATION
Legal Name and DBA Cooperative Personnel Services dba CPS HR Consulting Main Office 2450 Del Paso Road, Suite 220, Sacramento, CA 95834 *Primary location from which services will be conducted Main Phone (800) 822-4277
Proposal Content Contact Sara Randazzo, Manager, Organizational Strategy (916) 471-3131; [email protected]
Person Authorized to Bind into Contract Melissa Asher, Chief of Client Services (916) 471-3358; [email protected]
Thank you for the opportunity to submit this proposal. This proposal shall remain valid for a period of ninety (90) days from the due date of 8/4/2026. If you have any questions or need more information, please contact me at the information provided in the preceding table.
Sincerely,
Melissa Asher, Chief of Client Services
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Business Background
Overview of CPS HR Consulting
CPS HR is a client-focused human resources and management consulting firm dedicated to addressing the unique challenges faced by government and non-profit organizations. Founded in 1985, we have earned a reputation as a trusted advisor by leveraging our in-depth public sector expertise to deliver practical, results-driven solutions. As a Joint Powers Authority, we are a self-supporting government agency exclusively serving public entities. This gives us a distinct advantage in understanding and meeting the specific needs of clients across all levels of government, including Federal, State, Local, Special Districts, Higher Education and Non-Profit organizations.
Our unwavering commitment to delivering an unparalleled client experience is built on our comprehensive knowledge of the complexities within the public and non-profit sectors. We assist organizations in attracting, hiring, retaining, and motivating top talent, essential for driving organizational excellence in alignment with their vision.
With more than 100 full-time employees and a network of 200+ project consultants and technical experts across the nation, CPS HR has partnered with more than 2,700 public and non-profit clients throughout the United States.
Headquartered in Sacramento, CA, with regional offices in Texas, Colorado, Ohio, and Southern California, we are strategically positioned to support your organization's growth and help your employees fulfill the promise of public service.
Client Focused
We help clients succeed by:
Understanding Their Goals: We listen to your needs, understand your business, and focus on achieving your desired outcomes.
Unlocking New Perspectives: Together we explore new ideas, expand possibilities, and consider the broader impact on those you serve.
Bringing Solutions to Life: We put plans into action, making strategies operational and effective. Empowering Their Growth: Provide you with the tools and knowledge to elevate performance and expand capabilities for your organization and those you serve.
Joint Powers Authority
Cooperative Personnel Services, doing business as CPS HR Consulting, is a national firm and is a governmental Joint Powers Authority (JPA) of the State of California. CPS HR occupies a unique position among its competitors in the field of government consulting; as a JPA, whose charter mandates that we serve only public sector clients, we actively serve all government sectors including Federal, State, Local, Special Districts, and Non-Profit organizations. This singular position provides CPS HR with a systemic and extensive understanding of how each government sector is inter-connected to each other and to their communities. That understanding, combined with our knowledge of public and private sector best practices, translates into meaningful and practical solutions for our clients’ operational and business needs.
CPS HR is based in Sacramento, California. Our Chief Executive Officer (CEO) reports to a Board of Directors representing diverse public sector agencies across the nation. The following executive staff report to our CEO: Chief Financial Officer, Chief Human Resources Officer, Chief Information Officer, Chief of Marketing and Business Development Director, and two Chief of Client Services.
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Organizational Chart
Capacity and Stability
Financial Stability
As a public agency, CPS HR understands that we are stewards and are responsible and accountable for managing resources well and that financial resources are effectively allocated to achieve goals and objectives. Our pricing reflects this understanding of public and financial stewardship as we endeavor to price our products and services to deliver maximum value.
CPS HR maintains significant reserves (in excess of $13 million as of February 2026) in order to maintain long‐term business continuity and ensure client obligations are always met. There are no financial conditions that might impede our ability to complete the services we are proposing for this project.
Litigation
CPS HR does not have any financial problems, including bankruptcy, pending litigation, planned office closures, impending merger, license transferring, etc. that may affect our ability to perform contractually. We are not suspended or otherwise declared ineligible to contract by any federal, state or local public agency. There is no existing or potential conflict of interest between the scope of work required by the City and our other business activities.
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Proposer Team
Key Personnel Qualifications
CPS HR has a strong and uniquely qualified team of professionals to assist the City. We are committed to meeting the highest professional standards of quality; therefore, team members have been selected for their relevant experience and professional maturity in dealing with project environments such as this. The assigned team members have an extensive collective knowledge of City, County, and State governance, goal setting, executive performance management and performance evaluations for contract employees.
Project Manager Resume
Sara Randazzo, M.A., Organizational Strategy Unit Manager Sara has over 20 years of consulting experience in business transformation, organizational strategy, and community and employee engagement with the public sector. She specializes in helping leaders drive complex initiatives across state, local, and international governments. Sara has experience in strategic planning, organizational assessment, business process improvement and technology modernization, succession planning, and performance management. She combines empathetic listening with data-driven precision to maximize the relationship between people, process, and technology.
Employment History
Organizational Strategy Unit Manager, CPS HR Consulting Senior Vice President Client Delivery, HiPER Solutions Client Executive, HiPER Solutions
Communications Director, PCRC
Mediation, Facilitation, and Training Programs Manager, PCRC Professional Experience
Partnering with government, non-profit, and Fortune 500 companies to align workforce and organizational strategy with business objectives to accelerate collaboration, shorten project completion timelines, increase staffing capacity, and reduce technical fallouts.
Leading strategic planning, organizational assessment, community engagement, and training for city and county governments, and non-profits.
Designing Performance Management models that improve employee engagement and department output. Leading risk analysis and organizational assessment for the International Criminal Court in Bosnia and Herzegovina to increase witness participation and operational efficiencies. Developing and deploying qualitative and quantitative organizational needs assessments resulting in actionable recommendations, coaching and guidance throughout implementation. Leading statewide evaluation, strategy, and training for law enforcement and county courts on business process improvements to increase sensitivity and awareness of survivor needs.
Education and Certifications
M.A., Psychology, International Disaster & Global Mental Health, University of Denver B.A., Psychology/Education, Skidmore College
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Project Consultant Resume
Kammy R. Haynes, Ph.D., Project Consultant
Dr. Haynes is the CEO of her own company and a Project Consultant and Trainer with CPS HR Consulting with more than 25 years of experience of enhancing organizational success with performance-focused solutions that increase employee engagement, productivity, managerial and leadership capabilities, and improve cross-functional relationships.
Recent CPS HR project work included succession planning for the Eastern Municipal Water District and West Bay Sanitary District, a Performance Management Redesign for the Bay Area Air Quality Management District and the Port of Oakland, and an organizational effectiveness audit for the City of Gardena.
Employment History
Project Consultant, CPS HR Consulting
Instructor, University of Massachusetts Global
President, Inside the Bottomline, Bullhead City, AZ
Human Resource Consultant, Southern California Edison, Rosemead, CA Professional Experience
Executive/Officer Evaluation:
American Civil Liberties Union of Southern California Performance Management Systems:
Bay Area Air Quality Management District
Port of Oakland
Succession Planning:
Eastern Metropolitan Water District
Port of Oakland
West Bay Sanitary District
Organizational Assessment:
City of Gardena
City of Pleasanton
Los Angeles County Development Agency
Strategic Planning & Implementation Planning:
City of San Bernardino
Los Angeles County Human Resources Department
Port of Long Beach
Employee Engagement Survey – Action Planning:
City of Menlo Park
Education
Ph.D., Industrial-Organizational Psychology, Texas A&M University, College Station, TX B.A., Psychology, San Diego State University, San Diego, CA Proposal to City of Richmond
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Point of Contact
Ms. Sara Randazzo, the project manager, will be the primary point of contact during the project lifetime.
Name/Title: Sara Randazzo, Manager, Organizational Strategy Phone/Email: (916) 471-3131 / [email protected]
Subcontractors
Each of our team members has broad and deep experience in public sector evaluation consulting services, therefore, we do not have the need to include any subcontractors on this project.
Relevant Experience
Recent Projects List
Following is a list of our recent clients that received similar services to those requested by the City.
Project 1:
Client: Bay Area Air Quality Management District, CA
Service Conducted: Performance Management Redesign
Contacts: Hyacinth “Hy” Hinojosa, Deputy Executive Officer of Finance and Administration / Lisa Baker, Director of Human Resources
Dates of Service: December 2023-December 2024
Team Member Assigned: Kammy Haynes, Lead Project Consultant Project Description: Revised an outdated and cumbersome performance evaluation process for executives, managers, and employees with relevant competencies and increased engagement practices.
Project 2:
Client: Arvada Fire Protection District, CO
Service Conducted: Developed a performance appraisal system for District Fire Personnel.
Contact: Sue Steward, Human Resources Manager
Dates of Service: January 2023 – July 2023
Team Member Assigned: Deanna R. Heyn
Project Description: Consulting services to assist with the review and design of a Performance Appraisal System.
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Project 3:
Client: City of Vacaville, CA
Service Conducted: Citywide Performance Management Process Contact: Regina Sickels, Human Resources Analyst II
Dates of Service: March 2023 – June 2024
Team Member Assigned: Cheri Fairchild
Project Description: Reviewed and updated citywide performance management process inclusive of new tools and templates, training of employees and supervisors.
Project 4:
Client: Montgomery County Council
Service Conducted: Executive Performance Evaluation
Contact: Kate Stewart, former Council President
Dates of Service: April 2025 – January 2026
Team Member Assigned: Dr. Angela Love
Project Description: Update and administer the General Manager performance evaluation process.
Project 5:
Client: Mendocino County Russian River Flood Control and Water Conservation Improvement District Service Conducted: Executive Performance Evaluation Process Contact: Elizabeth Salomone, General Manager
Dates of Service: December 2024 - Present
Team Member Assigned: Kammy Haynes, Lead Consultant, Sara Randazzo Project Manager Project Description: Administer and refresh the General Manager performance evaluation process.
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Workplan, Approach, and Methodology
Project Understanding and Approach
Our Understanding of the Scope of Work
CPS HR understands that the City is seeking an outside facilitator to support the annual performance evaluation of the City Manager in accordance with Section 3.01 of the City Manager’s employment agreement. The agreement establishes a defined process that includes an initial goals and objectives discussion; completion of the ICMA City Manager Performance Evaluation Form by each Councilmember; assessment of prior goals and objectives; establishment of goals and objectives for the coming evaluation period; Council discussion of preliminary written evaluations; consolidation of feedback into a single preliminary written evaluation; City Manager review and comment; final Council discussion and revision; and delivery of a written summary/final evaluation to the City Manager. Beginning with the April 5, 2026 evaluation period, the agreement also requires a 360 review focused on teamwork, communication, leadership, and management skills from direct-report management employees, selected community stakeholders, and other employees selected by the City. CPS HR’s proposed approach focuses on facilitating, administering, and refining the City’s existing contract-required process; supporting use of the existing ICMA evaluation form; designing the 360 interview protocol; synthesizing Council and 360 feedback; and helping the City Council develop a consolidated preliminary and final written evaluation.
Our Approach and Methodology
CPS HR’s methodology will follow the evaluation sequence outlined in the City Manager’s employment agreement while adding structure, facilitation, and synthesis support. At the outset, CPS HR will review the employment agreement, existing ICMA evaluation form, prior goals and objectives, and any prior evaluation materials available to the City. CPS HR will then facilitate a project launch and process confirmation meeting to clarify roles, timeline, confidentiality expectations, recordsmanagement considerations, and logistics for Councilmember input, City Manager input, and 360 review interviews. The evaluation process will culminate in facilitated Council discussions, preparation of a consolidated preliminary written evaluation, opportunity for City Manager review and comment, and preparation of the final written evaluation consistent with the contract.
Our approach includes the following steps:
Phase One: Project Setup and Approach Confirmation
1. Background Preparation and Project Launch
Review the City Manager’s employment agreement, existing ICMA City Manager Performance Evaluation Form, prior goals and objectives, and available prior evaluation materials to understand the required process and existing evaluation framework.
Conduct a project launch meeting with the City’s designated representatives to confirm project objectives, roles and responsibilities, key decision points, anticipated schedule, communication expectations, and project logistics.
2. Research and Preliminary Interviews
Conduct limited preliminary process interviews with the City Manager, Human Resources Director, and designated Council representatives to clarify expectations for the facilitator role, desired outputs, scheduling considerations, and any known concerns with the existing evaluation process.
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Confirm the anticipated 360 participant categories, selection criteria, and any legal, confidentiality, closedsession, or records-management considerations that should guide the process.
Phase Two: Process Materials and 360 Protocol Development
1. Develop Evaluation Materials and 360 Review Protocol Prepare a practical evaluation process guide that translates the contract-required steps into a clear implementation sequence, including timing, roles, materials, and meeting milestones. Lightly update the Council evaluation instructions and submission logistics for the existing ICMA City Manager Performance Evaluation Form without changing the core form content unless directed by the City. Develop a supplemental 360 interview protocol aligned with teamwork, communication, leadership, and management skills, and connected where appropriate to the ICMA categories and annual goals. Prepare communication materials and instructions for Councilmembers, the City Manager, and 360 interview participants.
Prepare an evaluation synthesis framework showing how Council ratings, Council comments, City Manager input, prior goals/objectives, proposed goals/objectives, and 360 feedback will be organized for discussion and incorporated into preliminary and final evaluation materials.
2. Submit Materials for Feedback and Approval
Review the draft evaluation process guide, Council instructions, 360 interview protocol, communications, and synthesis framework with the City’s designated representatives. Incorporate feedback and finalize materials for implementation. Confirm the final implementation timeline before launching the Council evaluation process and 360 interviews.
Phase Three: Implementation and Administration
1. Distribute Evaluation Tools/Surveys:
Administer the Council evaluation input process using the existing ICMA evaluation form and conduct the required 360 review through facilitator-led interviews. Coordinate with the City to distribute instructions and materials, track receipt of Council evaluation forms, schedule and conduct 360 interviews, and maintain appropriate confidentiality throughout the process. Launch the Council evaluation form process and schedule facilitator-led 360 interviews with the agreed-upon stakeholder groups.
Send follow-up/reminder messages based on the pre-determined schedule prior to the deadline for completion to improve response rates and ensure timely completion of the contract-required evaluation steps.
One-on-One Interviews:
Conduct and document up to 12 facilitator-led 360 interviews with direct-report management employees, selected community stakeholders, and other employees selected by the City, consistent with the City Manager’s employment agreement.
Send questions in advance so participants are prepared and can provide thoughtful, detailed input during the interviews.
2. Analyze and Synthesize Findings
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Compile Councilmember ICMA evaluation form ratings and narrative comments into a consolidated summary for Council discussion.
Synthesize 360 interview feedback by respondent group and theme, focusing on teamwork, communication, leadership, and management skills, and identify themes that relate to the City Manager’s prior goals, current performance expectations, and potential goals for the upcoming evaluation period. Prepare a preliminary written evaluation package that includes Council evaluation themes, assessment of prior goals and objectives, proposed goals and objectives for the coming evaluation period, and a 360 feedback summary.
Support the Council in consolidating preliminary written evaluations into a single preliminary written evaluation for City Manager review.
Prepare and submit draft review materials for the City Council, City Manager, and Human Resources Director that identify recurring themes, strengths, areas for growth, and proposed goals or objectives for the coming evaluation period.
Phase Four: Results Delivery and Process Improvement
1. Presenting Results
Facilitate the Council’s closed-session discussion of preliminary written evaluations, ratings, comments, prior goals/objectives, proposed goals/objectives, and 360 feedback themes. Consolidate Council direction into a single preliminary written evaluation for presentation to the City Manager. Facilitate or support the meeting with the City Manager to review the preliminary written evaluation and receive the City Manager’s comments, particularly regarding reasonable goals and objectives for the coming year. Support the Council in revising the written evaluation as appropriate and preparing the final written evaluation/written summary for delivery to the City Manager.
2. Process Improvement
Collect feedback from a sample of evaluation participants regarding potential improvements (e.g., instruction clarity, technology, item relevance). We recommend gathering this information immediately following each annual evaluation cycle to gain the most accurate information. Submit summary of process refinement suggestions to the Subcommittee for consideration.
Optional Related Services:
Quarterly Pulse Checks: Implementation of brief quarterly check-ins or pulse surveys to provide periodic feedback between annual evaluation cycles.
Annual Goal Setting and Action Planning: Facilitation support to help the City Council and City Manager translate evaluation results into clear goals, timelines, and success measures for the upcoming evaluation period.
Annual Performance Evaluation Administration: Ongoing annual third-party facilitation and administration of the contract-required City Manager evaluation process.
Optional Citywide 360 Planning Support: If requested, CPS HR can assist the City in planning a broader 360 review model for management and supervising employees, consistent with the contract’s stated intent to incorporate 360 review more broadly across the City.
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References
Reference 1
Agency: Arvada Fire Protection District, CO
Contact: Sue Steward, Human Resources Manager
Phone/Email: 303-228-3609; [email protected] Address: 7903 Allison Way Arvada, CO 80005
Project: Developed a performance appraisal system for District Fire Personnel. (1/2023 - 7/2023) Reference 2
Agency: Mendocino County Russian River Flood Control and Water Conservation Contact: Elizabeth Salomone, General Manager
Phone/Email: (707) 462-5278; [email protected]
Address: PO Box 2104, Ukiah, CA 95482
Project: Administer and refresh the General Manager performance evaluation process.
Reference 3
Agency: Bay Area Air Quality Management District, CA
Contacts: Hyacinth “Hy” Hinojosa, Deputy Executive Officer of Finance and Administration / Lisa Baker (she/her) Director of Human Resources
Phone/Email: 415-749-4951; [email protected] / 415-749-4930; [email protected] Address: 375 Beale Street, San Francisco, CA 94105
Project: Revised an outdated and cumbersome performance evaluation process for executives, managers, and employees with relevant competencies and increased engagement practices.
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Deliverables
Phase One: Project Setup and Approach Confirmation
Deliverables: Updated project plan and timeline; confirmed roles, project logistics, process assumptions, confidentiality considerations, and 360 participant categories.
Phase Two: Process Materials and 360 Protocol Development Deliverables: Final evaluation process guide, Council instructions, 360 interview protocol, communications, implementation timeline, and synthesis framework.
Phase Three: Implementation and Administration
Deliverables: Administered Council evaluation form process; completed facilitator-led 360 interviews; compiled Council evaluation results; synthesized 360 themes; and prepared preliminary written evaluation materials.
Phase Four: Results Delivery and Process Improvement
Deliverables: Facilitated Council discussion materials; consolidated preliminary written evaluation; City Manager review/debrief support; final written evaluation/written summary; and process-refinement recommendations for the next cycle.
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Price Proposal
Pricing Structure and Schedule
Tasks, Hours, and Proposed Budget
Following is a table detailing the specific tasks and estimated cost for the revised scope. This revised scope reflects the City’s existing contractual evaluation framework and use of the ICMA evaluation form; therefore, CPS HR has reduced the level of effort associated with designing new evaluation tools and shifted the work toward facilitation, administration, synthesis, and integration of the required 360 review. The revised base scope is estimated at 86 consultant hours, or $14,190, exclusive of optional travel or additional services.
The consultants’ hourly rate for this project will be $165/hr. For consultant travel, CPS HR bills 50% the consultants’ hourly rate ($83/hour). A separate travel-related budget has been prepared for this engagement.
Task/Deliverable
Estimated
Consultant
Hours
Estimated Cost
Project setup, contract/form review, and launch meeting 10 $1,650 Process confirmation and limited preliminary interviews 8 $1,320 Confirm evaluation process map, timeline, and confidentiality/records protocols 5 $825 Update Council instructions and lightly tailor existing ICMA form logistics 4 $660 Develop 360 interview protocol and communications 8 $1,320 Administer Council evaluation form process and track submissions 6 $990 Schedule, conduct, and document up to 12 360 interviews 18 $2,970 Compile Council ratings/comments and synthesize 360 feedback 10 $1,650 Prepare preliminary written evaluation materials 6 $990 Facilitate Council/City Manager review and finalization process 7 $1,155 Final written evaluation/written summary and process recommendations 4 $660 TOTAL COST OF SERVICES 86 $14,190
Optional travel allowance for in-person facilitation, if requested; CPS HR only bills travel-related time and expenses actually incurred. — Not to exceed $3,000 TOTAL NOT-TO-EXCEED COST WITH OPTIONAL TRAVEL — $17,190 Services are assumed to be delivered remotely unless the City requests in-person facilitation. If in-person facilitation is requested, travel time and expenses will be billed at cost, subject to the optional travel allowance identified above.
Optional Services Estimated
Hours
Estimated
Cost
Set up and administer three Quarterly Pulse Check questionnaires 20 $3,300 Annual Goal Setting and Action Planning 5 $825
Annual Performance Evaluation Administration 70 $11,550 *Optional services are subject to an annual rate increase of up to 5%; therefore, rates are estimates based on current hourly rates and may increase at the time the service is requested.
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Reimbursable Expenses
Travel related expenses to the City will be reimbursed at cost to include air travel, ground transportation, lodging, and meals per government rates. Travel time is billed at 50% of the consultants’ hourly rate. CPS HR is flexible with the proposed work plan; alternate approaches may be discussed with the City which may in turn change the proposed cost of the project. As described in this proposal, the methods, approach, timelines, as well as the proposed fee, have been prepared as accurately as possible based upon the services requested and as described in this Proposal. If changes or additional services are required, we will be happy to discuss changes to the project tasks and/or schedule and to amend this Proposal.
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Sample Work Product (Confidential)
Sample Performance Eval Survey
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Sample Annual Performance Evaluation
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Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT B
PAYMENT PROVISIONS
1. COMPENSATION TO CONTRACTOR:
a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.
b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photocopying, meals and travel, etc.). Invoices shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request. c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.
2. SUBMISSION OF INVOICES:
Contractor shall submit timely invoices by email to
[email protected] and/or to the following address:
Attention: City of Richmond Finance/Account Payable
Project Manager: _______________________
P.O. Box 4046
Richmond, CA 94804
3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, _______________________, before payments shall be authorized.
a. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
b. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.
4. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized.
Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. All required written notices shall be delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.
2. Each notice shall be deemed to have been received on the earlier to occur of:
actual delivery or the date on which delivery is refused; or three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).
3. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.
4. All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Email: ________________________________________________
5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:
Attn:
Email: ________________________________________________ Contract No: ________ For the Contract between the City of Richmond and
_____________________________
EXHIBIT D
GENERAL CONDITIONS
1. INDEPENDENT PARTIES:
Contractor hereby declares that Contractor is engaged as an independent business and Contractor agrees to perform the services as an independent contractor.
The manner and means of conducting the services and tasks are under the control of Contractor except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment will be acquired by virtue of Contractor’s services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any compensation due to Contractor. Payments of the above items, if required, are the responsibility of Contractor.
2. TIME IS OF THE ESSENCE:
Contractor and the City agree that time is of the essence regarding the performance of this Contract.
3. STANDARD OF CARE:
Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals or service Contractors, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.
4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Contractor assumes all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.
5. NON-DISCRIMINATION:
Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, Contract No: ________ For the Contract between the City of Richmond and
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disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.
6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic, or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City. b. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data. c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee. d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.
7. RECORDS:
a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”).
b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment.
Contract No: ________ For the Contract between the City of Richmond and
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c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.
8. PERMITS AND LICENSES:
Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses, including a City business license, required in connection with the performance of the services and tasks hereunder.
The failure to obtain such permits and licenses shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
9. TERMINATION:
a. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder immediately upon transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.
b. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Exhibit B; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
10. CONFLICT OF INTEREST:
Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under Contract No: ________ For the Contract between the City of Richmond and
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this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
11. HOLD HARMLESS:
a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract. b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).
12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:
a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer.
The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for Contract No: ________ For the Contract between the City of Richmond and
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money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent. c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or jointventure or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add subcontractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.
f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”
g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.
13. SAFETY:
a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and tasks under this Contract.
Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable Contract No: ________ For the Contract between the City of Richmond and
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federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.
Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.
14. INSURANCE:
Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
15. COMPLIANCE WITH ALL APPLICABLE LAWS:
a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50,
2.52, 2.56, and 2.60, if applicable.
b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code.
Contract No: ________ For the Contract between the City of Richmond and
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c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor. d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.
Contractor agrees to abide by the terms and conditions of said policies.
16. INTEGRATED CONTRACT:
The Recitals and exhibits are a material part of this Contract and are expressly incorporated herein. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Contract will be effective only by written execution signed by both the City and Contractor.
17. CONFLICTING PROVISIONS:
In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Condition as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
18. FORCE MAJEURE:
Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
19. CONFLICT OF LAW:
This Contract shall be interpreted under, and enforced by the laws of the State of Contract No: ________ For the Contract between the City of Richmond and
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California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.
20. CLAIMS:
Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
21. INTERPRETATION:
This Contract shall be interpreted as if drafted by both parties.
22. WARRANTY:
If any product is be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
23. SEVERABILITY:
In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
24. AUTHORITY:
City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, Contract No: ________ For the Contract between the City of Richmond and
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and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.
25. WAIVER:
The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach. Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payment therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
26. COUNTERPARTS:
This Contract may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):
The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G.
Contract No: ________ For the Contract between the City of Richmond and
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EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):
Contract No: ________ For the Contract between the City of Richmond and
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EXHIBIT F
INSURANCE PROVISIONS
☐ CHECK HERE IF RISK MANAGEMENT HAS APPROVED WAIVING INSURANCE REQUIREMENTS FOR THIS CONTRACT.
1. CERTIFICATES: Before the commencement of the terms of this Contract, and during the entire term of this Contract and any extension or modification thereof, Contractor shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with coverage requirements set forth by the City and incorporated herein.
Such certificates, which do not limit Contractor’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Richmond.
Attention: Risk Manager.”
Contractor shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Contractor shall deliver updated insurance certificates to the City at the address set forth in Exhibit C prior to the expiration of the existing insurance certificate for the duration of the term of Contract.
Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.
2. COVERAGE REQUIREMENTS: The City’s insurance requirements depend upon the type of service being provided and/or the provider. The City’s insurance requirements will fall into one of the following categories (unless otherwise provided by the City):
Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
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The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.
3. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.
4. SUFFICIENCY OF INSURANCE: The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater.
INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
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EXHIBIT G
SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”).
Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.
Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.
By executing this statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.
Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Printed Name: Title:
Signed: Date:
Business Entity: